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Is Your Wellness Program Due for a Checkup?

October 17, 2024

Many employers adopt wellness programs to improve employee health and lower healthcare costs. However, it is essential to consider the legal implications to ensure compliance with applicable laws. NFP's Benefits Compliance and NFP's Well-Being and Engagement teams recently held a webinar in which they discussed the compliance challenges of designing and implementing an effective wellness program and addressed frequently asked questions. 

Agenda

  • Wellness Program ​ 
    • Overview​ 
    • Group health plan challenges ​ 
  • HIPAA Nondiscrimination Rules ​ 
    • Wellness program requirements ​ 
    • Surcharge litigation ​ 
  • ADA and GINA Considerations ​ 
    • Application to wellness programs ​ 
    • Voluntary participation aspect ​ 
  • Additional Compliance Aspects ​ 
    • Tax, affordability and state law concerns ​ 
  • Final Takeaways/Resources​ 

Key Takeaways : Employer Considerations 

  • Consider program objectives and design, and consulting with an expert for guidance.​ 
  • Determine if the program will be providing medical care, and if so, how to comply with GHP laws.​ 
  • Review whether the HIPAA nondiscrimination rules apply. If the program is health contingent (reward based on standards relating to a health factor), ensure RAS is clearly communicated in all plan materials.​ 
  • Assess whether the program will invoke the ADA or GINA and recognize the lack of guidance on permitted incentive rewards.​ 
  • Consider the tax and affordability aspects, and potential state law impacts. And watch out for "wellness indemnity" plans!​ 
  • Engage legal counsel in the process.​ 

NFP Benefits Compliance Resources 

For further information, please ask your broker or consultant for a copy of the NFP publications Agencies Issue Final HIPAA Wellness Program Rules Under ACA, Cost-Share Contribution Models: A Guide for Employers, EEOC Wellness Program Regulations, and Point Solution Programs: A Guide for Employers

Additional Benefits Compliance resources include: 

NFP Wise & Well Resources 

For Employees​ 

  • Educational Well-Being Webinars​ 
  • Monthly Newsletter / Infographic / Weekly Tips​ 
  • Wise & Well Training Center: An employee hub to access our well-being webinar recordings / materials and register for upcoming events ​ 

For Employers​ 

  • Annual Well-Being Calendar​ 
  • Annual Workplace Well-Being Trends Training​ 
  • Mental Well-Being Fitness Center: An employer hub with tools and tips for creating a mentally strong organization​

Additional Wise & Well resources include:

For further information, please ask your broker or consultant for a copy of the NFP publications Workplace Wellness Programs Compliance Guide​ and ​Well-Being Onboarding Checklist and Compliance Audit.


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